Mary Alderman vs. Progressive American Insurance Company

Case Background

On January 3, 2022, Plaintiff  Mary Alderman filed a motor vehicle accident and negligence lawsuit in the Circuit Court of Orange County, Florida (Case number: 2022-CA-000069-O). Chad K Alvaro presided over this case.

Cause

On June 8, 2021, Mary Alderman drove her 2013 Buick Enclave on State Road 408 in Orange County, Florida. While stopped in traffic, Lynda Neuhausen, traveling in the same direction, attempted to change lanes without noticing the stopped vehicles ahead. Neuhausen’s vehicle collided violently with the rear of Alderman’s car, resulting in a significant rear-end collision. The crash occurred despite Alderman driving responsibly and following traffic laws. At the time of the motor vehicle accident, Alderman was insured under an auto insurance policy issued by Progressive American Insurance Company, which included uninsured/underinsured motorist coverage. Neuhausen, who was underinsured, was found solely responsible for the negligence that caused the collision.

Injuries

The rear-end collision caused Mary Alderman to suffer severe and life-altering injuries. She sought immediate medical attention at Advent Health, reporting acute pain in her neck, back, left knee, and left shoulder. She was diagnosed with a whiplash injury and prescribed pain medication, with instructions to seek further care if her symptoms persisted.

Ten days later, Alderman visited Integrative Physical Medicine due to continued pain, including headaches, neck pain radiating to her arms, and lower back pain radiating to her right leg. Diagnostic imaging revealed significant trauma-related injuries. An MRI of her cervical spine showed a posterior herniated disc at C6-7, causing mild spinal stenosis. An MRI of her lumbar spine identified herniated discs at L4-5 and L5-S1. Imaging of her left shoulder revealed a superior labral anterior-posterior (SLAP) tear and an acute intrasubstance injury to the supraspinatus tendon. Additionally, an MRI of her left knee detected a joint effusion. These injuries were consistent with trauma caused by the motor vehicle accident.

Damages

Mary Alderman incurred extensive medical expenses due to the injuries caused by the rear-end collision, amounting to $48,912.74 for diagnostic tests, physical therapy, and planned radiofrequency neurotomies. Her treating physician, Dr. Donald Goldman, determined that her injuries were permanent and would require ongoing care estimating future medical costs at $580,106.

Alderman reported chronic pain and limitations in daily activities, including household chores, occupational responsibilities, and hobbies. Her legal team calculated non-economic damages for pain and suffering at $10 per waking hour, estimating past and future losses at over $2,628,000 based on her life expectancy.

Key Arguments and Proceedings

Legal representation

Claims

Mary Alderman filed a motor vehicle accident lawsuit against Progressive American Insurance Company, alleging bad faith in handling her uninsured/underinsured motorist claim. Despite evidence of her injuries, medical treatments, and financial losses, Progressive undervalued her claim and refused to tender the policy limits.

Alderman alleged that Progressive engaged in negligent claim settlement practices, including delays, inadequate investigation, and a failure to provide reasonable explanations for denying coverage. She demanded compensation for economic damages, such as medical expenses and lost earnings, as well as non-economic damages for pain and suffering. Alderman also sought attorney fees and costs, citing the insurer’s breach of contractual and statutory obligations.

Defense

Progressive denied liability for Alderman’s negligence claims and asserted several defenses. The Defendant argued that Alderman’s own negligence, such as improperly using her seatbelt, contributed to her injuries. They also claimed mechanical defects in Alderman’s vehicle and her failure to mitigate damages contributed to her financial losses.

The insurer disputed the severity and causation of Alderman’s injuries, arguing they were not serious or permanent under Florida’s Motor Vehicle No-Fault Law. Progressive also maintained that any liability would be limited by the terms of the uninsured motorist policy. They sought setoffs for payments Alderman received from other sources, such as PIP benefits, and denied acting in bad faith.

Expert Testimony

The Plaintiff presented eight expert witnesses who concluded that the rear-end collision caused Alderman’s permanent injuries. Their conclusions were based on medical records, diagnostic studies, and treatment. Dr. Michael Freeman, a rebuttal expert, addressed injury causation, crash reconstruction, biomechanics, and injury risk.

The Defendant countered with four experts. Dr. Ravi Patel, an orthopedic spine surgeon, disputed the permanence of Alderman’s injuries. Nicole Bonaparte, a medical coder, highlighted discrepancies in medical costs. Dr. Ian Zeller, a biomechanical engineer, argued the crash forces were insufficient to cause the claimed injuries. Dr. Matthew Berlet, a neuro-radiologist, claimed Alderman’s injuries were pre-existing or unrelated to the motor vehicle accident.

Jury Verdict

On December 10, 2024, the jury determined that Lynda Neuhausen’s negligence caused the injuries and damages sustained by Mary Alderman in the rear-end collision. The jury awarded Alderman $185,492.03 for past medical expenses and $1,075,300 for future medical expenses.

They further found that Alderman sustained a permanent injury due to the motor vehicle accident. The jury awarded $256,200 for past non-economic damages, including pain and suffering, disability, disfigurement, and loss of capacity for enjoyment of life. For future non-economic damages, they awarded $800,000. In total, the damages awarded to Mary Alderman amounted to $2,316,992.03 in a motor vehicle accident and negligence lawsuit.

Court Documents:

Complaint

Answer

Jury Verdict